Legal Question in Employment Law in California

In CA, the CA Supreme Court recently clarified the law by stating that all nonexempt employees must be given the "opportunity" to take at least 2 ten minute paid breaks and at least one unpaid 30 minute duty free meal period - if they work 8 hours in a workday. Key words: "given the opportunity." If not given the opportunity the employee is owed one hour of pay for each missed opportunity to take a meal period and one hour of pay for each day he/she did not have the opportunity to take at least one break.

All that matters is that they are given the opportunity for a break.

If the employer does not ensure the employees get and TAKE breaks and lunches, they can find themselves subject to claims of denied breaks with unpaid wage/OT claims that carry substantial monetary penalty and interest, along with attorney fees for the employees' counsel.

You should be able to figure out that, while the law says one thing, some employees will do their best to show they were NOT allowed breaks.

Wise counsel to employers is to require time card punch in and out on all breaks to prove the timing. Daily review of cards for compliance is part of the requirement.

As an example, one small trusting employer without time card requirements recently suffered a claim of $11k by two employees for denied breaks and lunches. With penalties and interest computed, that claim totaled about $44k. He was able to fight the claim, showing much 'fabrication' involved, and negotiating a much smaller settlement, but it cost him attorney fees. How firmly do you want to rely on the 'law' instead of preventative measures??

If serious about hiring counsel to review, counsel and help in this, and if this is in SoCal, feel free to contact me. I�ve been doing employee rights cases for many years, on both sides of the fight and as a neutral.